RFE on Income for current tax year

[redfragglekat 0]

I'm adjusting status from K1 to Permanent Resident (entered on K1 May 31st, married June 24, filed EAD, AP and AOS on July 22nd, they acknowledged receipt July 29th).

Sept 14 we received an RFE for more information on our financial situation (or more accurately, on my husband's situation - he's American). He was laid off, just as we began this process (of course, disaster always strikes when least convenient). Fortunately he has retirement income, had decent savings and has since been picking up enough freelance work that we're above the income limits for this year. 2009 we were above the limit only by including my assets and his land assets to help us show above the limits. (We're a household of two, though he has an 18 year old son that is independent, though apparently we must continue to count him as a dependent, making us a household of three). We have no debts at all, no credit cards, no car loans. We're pretty stable, despite him being on contract work. I can begin working as soon as I have my EAD.

Long story short, the RFE is asking for "current year" tax forms, bank statements, evidence of employment, and any details showing that we make the correct amount of income. Current tax year, I assume is 2010 (which they already have) but we're pulling together as much as possible for 2011 too. When we filed the forms originally the 2009 tax year was the most current. We submitted the 2010 tax year information in the I485 packet, since we were then in the new tax year and had 2010 taxes filed.

Now we're scrambling to pull together anything and everything we can to show info for 2009, 2010 and 2011. We're worried we're missing something.

Any suggestions on what we can pull together to show income, value of our assets, and that we're generally not dead-beats and that I can be employed rather quickly too?

[raldetta 0]

You should call the misinformation line and ask a few different people what "current tax year" means in this case -- it sounds like they might just want your 2010, since you send in 2009 the first time. Just a guess.

[Harpa Timsah 13,258]

Your "employability" is irrelevant. There is a threshold your husband needs to make and they are asking for proof of that income. He needs to send in taxes, etc, but especially proof of current employment for right now. Current income is what counts - not past income. He needs to show his current income is above the line, which might be difficult if he works many jobs. You might need to explain his work and show what he has made this year so far. Even with that, with no steady employment from the same source, you may be asked to get a co-sponsor. Good luck.

[bigdog 377]

Sounds like 2010 return. Call them and see.

[skiptex 225]

i take current as 2011.. 2010 is prior tax year.. however, yea you need to call them.. send THEM and RFE.. LOL!

[VanessaTony 3,567]

i take current as 2011.. 2010 is prior tax year.. however, yea you need to call them.. send THEM and RFE.. LOL!

2011 taxes are NOT the current taxes.. 2011 taxes are filed in 2012. Current tax year as of April 2011 is 2010.